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Visiting a common nuisance?

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atruax

Junior Member
Indiana

About three months ago, my mom and dad went to visit my mom's sister. She and her husband were having a fight, and my mom wanted to make sure my aunt was okay. She has clinical depression amoungst other things, so she's kind of unstable, and my mom worries about her. While they were there, a fleet of state troopers show up to arrest her husband and the neighbor for manufacturing methamphetamines.

My parents knew nothing of this, and neither did my aunt (or so she claims). They held my parents and my aunt and uncle in custody while they searched the property. Long story short, my uncle was taken to jail, his neighbor was arrested too, and my mom and dad got charged with visiting a common nuisance. But my aunt who lived with him, DID NOT get charged with anything!

Since then, the neighbor got out on a technicallity, my uncle took a plea bargain, and my parents have been in and out of court several times over this. My dad got assigned a ****ty (these are his words) public defender whom has failed to show for court on at least one occassion, and failed to tell my father when his trial date was set for after a continuance was granted. My dad recieved nothing in the mail, his attorney did not contact him, and my dad even went to visit his office twice since the date was set, and he didn't tell my dad either time! Not only that, the judge's assistant didn't tell my dad when he went in to see her. He asked her, and she told him that it had yet to be scheduled without looking in his file or contacting the judge to make sure.

So, my dad waited to hear from his attorney. I think it was September 27th when he recieved a letter from the courthouse informing him that he had missed his court date, scheduled back on September 5th (I believe) and that there has been a bench warrant in effect since that date. My dad was involved in a minor fender bender on the 17th of September and the police said nothing about a bench warrant then????

A couple questions:

One, why wasn't my aunt charged with visiting a common nuisance or something similar? She lived with him, she should have been guilty of something, right?

Second, can a bench warrant be lifted because of an error on the public defender's part?

Third, what can my dad do to rectify this horrible situation?

Fourth, if my uncle and his neighbor are both out of jail now, why is it that my parents are still being charged with this? The neighbor was acquited, and my uncle took a plea bargain. Does that somehow inadvertantly convict my parents?

Please help. I don't want my parents to go to jail.
 


outonbail

Senior Member
A couple questions:

One, why wasn't my aunt charged with visiting a common nuisance or something similar? She lived with him, she should have been guilty of something, right?
The only information we have on the situation is what you've posted. So, how would we know why your aunt wasn't charged?
Now it could be that she's agreed to work as an informant, or that she was the one who reported the lab to the police. After all, they were fighting and an angry woman is nothing to take lightly.
Or, maybe the police figured that she was so much of a nut case, that she couldn't be held accountable. But if I was a betting man, I'd put my dime, on her dropping the dime.

Second, can a bench warrant be lifted because of an error on the public defender's part?
If your dad was present when the continuance was granted, then he was given the date for his next court appearance at that time. So he can blame the public defender all he wants, but it makes him look a little stupid.
Also, since he is claiming that his public defender is no good, then he should have contacted the court clerk if he didn't remember the date the judge scheduled his next appearance on, rather than the public defender. Court dates are no guarded secret, so his speaking with the judges assistant (whoever that may be) is a bunch of nonsense. Only a meth addict would spin all these stories of why it isn't their fault that they didn't appear in court. Your dad needs some help.

Third, what can my dad do to rectify this horrible situation?
Stop using meth, go to court and get placed back on calender or go to the police station and turn himself in. Or keep doing what he is doing, just wait until they come pick him up.

Fourth, if my uncle and his neighbor are both out of jail now, why is it that my parents are still being charged with this? The neighbor was acquited, and my uncle took a plea bargain. Does that somehow inadvertantly convict my parents?
HELLO, Your father failed to appear. He has a warrant out for his arrest.
Your uncle taking a plea bargain does not make your parents guilty, they get to prove that on their own.
How about your mother, did she fail to appear as well? Does she also have a lousy public defender?

Please help. I don't want my parents to go to jail.
Then talk them into rehab! You might advise them to show up in court when they are supposed to as well,,,,
 

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